A statement from McHenry County State’s Attorney Lou Bianchi:
“As you know, after months of enduring numerous, persistent defamatory statements about me and cases handled by Assistants in the Office of the State’s Attorney online, I personally hired (with my own funds) an attorney to file suit in the United States District Court for the Northern District of Illinois this past December against the individual who published the defamatory statements using the pseudonym “Fukoko” and who identified himself elsewhere to be a citizen of Japan.
“Mudd Law, the firm representing me, sought and obtained leave from the Court to conduct expedited discovery.
“After obtaining Internet Protocol (“IP”) addresses associated with the defamatory statements, my attorneys determined the IP addresses to be assigned to blocks controlled by Sprint Nextel (now Sprint Corporation).
“My attorneys then served a subpoena on Sprint Corporation seeking information about who had been assigned the Sprint IP addresses associated with particular defamatory statements on the dates “Fukoko” published them. Sprint Corporation produced information identifying Oak Star Property Management, Inc. as the customer that had been assigned certain of the IP addresses on the relevant dates.
“Sprint Corporation also identified a specific number associated with the electronic device that had used the particular IP addresses.
“According to my attorney, Charles Lee Mudd Jr., Principal of Mudd Law, his firm served a subpoena upon Oak Star Property Management, Inc. seeking information about who had been assigned the device associated with the specific number identified by Sprint Corporation and other related information.
“Mudd Law provided Oak Star Property Management, Inc. twenty-one (21) days in which to comply with the subpoena.
“It did not respond.
“Mudd Law provided Oak Star Property Management, Inc. with additional time.
“After receiving no response, my attorneys provided Oak Star Property Management, Inc. with a final opportunity to respond to the subpoena prior to exploring other means of obtaining the information sought including, but not limited to, a motion to compel.
“Mudd Law received no response from Oak Star Property Management, Inc. by the deadline.
“On March 6, 2014, Mudd Law received an email from Robert DeModica of Oak Star Property Management, Inc.
“Rather than respond to the actual requests in the subpoena seeking information on who possessed and/or used the phone or device associated with the number produced by Sprint Corporation as being assigned to Oak Star Property Management, Inc., Mr. DeModica stated:
‘Oak Star Property Management does not have a member of our staff named John Doe that resides in Japan, nor do we have any affiliation with an international country. Therefore, I have no documents to comply with your subpoena.’
“My attorneys consider his email to be inadequate and intentionally unresponsive to the subpoena.
“According to the Illinois Secretary of State online business records, Robert DeModica is the President of Oak Star Property Management, Inc.
“Tamara DeModica is listed as the registrant and administrative contact for Oak Star Property Management, Inc.’s domain oakstar.net.
I contacted Tamara DeModica and here is her response:
“I’m sorry. I don’t know what you’re talking about. I really don’t.”
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